Calendar No. 381 TH D CONGRESS SESSION H. R. 2825 · 2018-04-18 · II Calendar No. 381 115TH CONGRESS 2D SESSION H. R. 2825 IN THE SENATE OF THE UNITED STATES JULY 20, 2017 Received;

II

Calendar No. 381 115TH CONGRESS

2D SESSION H. R. 2825

IN THE SENATE OF THE UNITED STATES

JULY 20, 2017 Received; read twice and referred to the Committee on Homeland Security and

Governmental Affairs

APRIL 16, 2018 Reported by Mr. JOHNSON, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

AN ACT To amend the Homeland Security Act of 2002 to make

certain improvements in the laws administered by the Secretary of Homeland Security, and for other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3

(a) SHORT TITLE.—This Act may be cited as the 4

‘‘Department of Homeland Security Authorization Act’’ or 5

the ‘‘DHS Authorization Act’’. 6

(b) TABLE OF CONTENTS.—The table of contents for 7

this Act is as follows: 8

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Sec. 1. Short title; table of contents. Sec. 2. References.

DIVISION A—HOMELAND SECURITY

TITLE I—DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS

Sec. 1001. Short title.

Subtitle A—Headquarters Operations

Sec. 1101. Homeland security enterprise defined. Sec. 1102. Functions and components of Headquarters of Department of

Homeland Security. Sec. 1103. Repeal of Director of Shared Services and Office of Counter-

narcotics Enforcement of Department of Homeland Security. Sec. 1104. Responsibilities and functions of Chief Privacy Officer. Sec. 1105. Responsibilities of Chief Financial Officer. Sec. 1106. Chief Information Officer. Sec. 1107. Quadrennial Homeland Security review. Sec. 1108. Office of Strategy, Policy, and Plans. Sec. 1109. Office of External Affairs. Sec. 1110. Chief Procurement Officer. Sec. 1111. Chief Security Officer. Sec. 1112. Office of Inspector General. Sec. 1113. Office for Civil Rights and Civil Liberties. Sec. 1114. Department of Homeland Security Rotation Program. Sec. 1115. Future Years Homeland Security Program. Sec. 1116. Field efficiencies plan. Sec. 1117. Submission to Congress of information regarding reprogramming or

transfer of Department of Homeland Security resources to re-spond to operational surges.

Sec. 1118. Report to Congress on cost savings and efficiency. Sec. 1119. Research and development and CBRNE organizational review. Sec. 1120. Activities related to children.

Subtitle B—Human Resources and Other Matters

Sec. 1131. Chief Human Capital Officer responsibilities. Sec. 1132. Employee engagement steering committee and action plan. Sec. 1133. Annual employee award program. Sec. 1134. Independent investigation and implementation plan. Sec. 1135. Timely guidance to DHS personnel regarding Executive orders. Sec. 1136. Secretary’s responsibilities regarding election infrastructure.

TITLE II—DEPARTMENT OF HOMELAND SECURITY ACQUISITION ACCOUNTABILITY AND EFFICIENCY

Sec. 1201. Definitions.

Subtitle A—Acquisition Authorities

Sec. 1211. Acquisition authorities for Under Secretary for Management of the Department of Homeland Security.

Sec. 1212. Acquisition authorities for Chief Financial Officer of the Depart-ment of Homeland Security.


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Sec. 1213. Acquisition authorities for Chief Information Officer of the Depart-ment of Homeland Security.

Sec. 1214. Acquisition authorities for Program Accountability and Risk Man-agement.

Sec. 1215. Acquisition innovation.

Subtitle B—Acquisition Program Management Discipline

Sec. 1221. Acquisition Review Board. Sec. 1222. Requirements to reduce duplication in acquisition programs. Sec. 1223. Department leadership council. Sec. 1224. Government Accountability Office review of Board and of require-

ments to reduce duplication in acquisition programs. Sec. 1225. Excluded party list system waivers. Sec. 1226. Inspector General oversight of suspension and debarment.

Subtitle C—Acquisition Program Management Accountability and Transparency

Sec. 1231. Congressional notification for major acquisition programs. Sec. 1232. Multiyear Acquisition Strategy. Sec. 1233. Acquisition reports.

TITLE III—INTELLIGENCE AND INFORMATION SHARING

Subtitle A—Department of Homeland Security Intelligence Enterprise

Sec. 1301. Homeland intelligence doctrine. Sec. 1302. Analysts for the Chief Intelligence Officer. Sec. 1303. Annual homeland terrorist threat assessments. Sec. 1304. Department of Homeland Security data framework. Sec. 1305. Establishment of Insider Threat Program. Sec. 1306. Threat assessment on terrorist use of virtual currency. Sec. 1307. Department of Homeland Security counterterrorism advisory board. Sec. 1308. Border and gang threat assessment. Sec. 1309. Security clearance management and administration.

Subtitle B—Stakeholder Information Sharing

Sec. 1311. Department of Homeland Security Fusion Center Partnership Ini-tiative.

Sec. 1312. Fusion center personnel needs assessment. Sec. 1313. Program for State and local analyst clearances. Sec. 1314. Information technology assessment. Sec. 1315. Department of Homeland Security classified facility inventory and

dissemination. Sec. 1316. Terror inmate information sharing. Sec. 1317. Annual report on Office for State and Local Law Enforcement. Sec. 1318. Annual catalog on Department of Homeland Security training, pub-

lications, programs, and services for State, local, and tribal law enforcement agencies.

TITLE IV—MARITIME SECURITY

Sec. 1401. Strategic plan to enhance the security of the international supply chain.

Sec. 1402. Container Security Initiative. Sec. 1403. Cyber at ports.


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Sec. 1404. Facility inspection intervals. Sec. 1405. Updates of maritime operations coordination plan. Sec. 1406. Evaluation of Coast Guard Deployable Specialized Forces. Sec. 1407. Cost benefit analysis of co-locating DHS assets. Sec. 1408. Repeal of interagency operational centers for port security and se-

cure systems of transportation. Sec. 1409. Maritime security capabilities assessments. Sec. 1410. Conforming and clerical amendments.

TITLE V—TRANSPORTATION SECURITY ADMINISTRATION

Subtitle A—Administration

Sec. 1501. Amendments to the Homeland Security Act of 2002 and title 5, United States Code.

Sec. 1502. Amendments to title 49, United States Code. Sec. 1503. Amendments to the Aviation and Transportation Security Act. Sec. 1504. Information required to be submitted to Congress under the stra-

tegic 5-year technology investment plan of the Transportation Security Administration.

Sec. 1505. Maintenance of security-related technology. Sec. 1506. Transportation Security Administration efficiency. Sec. 1507. Transportation senior executive service accountability.

Subtitle B—Passenger Security and Screening

Sec. 1511. Department of Homeland Security trusted traveler program collabo-ration.

Sec. 1512. PreCheck Biometric pilot project. Sec. 1513. Identity and travel document verification. Sec. 1514. Computed tomography pilot project. Sec. 1515. Explosives detection canine teams for aviation. Sec. 1516. Standard operating procedures at airport checkpoints. Sec. 1517. Traveler redress improvement. Sec. 1518. Screening in areas other than passenger terminals. Sec. 1519. Federal Air Marshal Service agreements. Sec. 1520. Federal Air Marshal mission scheduling automation. Sec. 1521. Canine detection research and development. Sec. 1522. International Civil Aviation Organization. Sec. 1523. Passenger security fee. Sec. 1524. Last point of departure airport certification. Sec. 1525. Security incident response at airports and surface transportation

hubs. Sec. 1526. Airport security screening opt-out program. Sec. 1527. Personnel management system review. Sec. 1528. Innovation task force. Sec. 1529. Airport law enforcement reimbursement.

Subtitle C—Transportation Security Screening Personnel Training and Accountability

Sec. 1531. Transportation security training programs. Sec. 1532. Alternate new security screening personnel training program cost

and feasibility study. Sec. 1533. Prohibition of advance notice of covert testing to security screeners.

Subtitle D—Airport Access Controls and Perimeter Security


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Sec. 1541. Reformation of certain programs of the Transportation Security Ad-ministration.

Sec. 1542. Airport perimeter and access control security. Sec. 1543. Exit lane security. Sec. 1544. Reimbursement for deployment of armed law enforcement personnel

at airports.

Subtitle E—Air Cargo Security

Sec. 1551. Air cargo advance screening program. Sec. 1552. Explosives detection canine teams for air cargo security.

Subtitle F—Information Sharing and Cybersecurity

Sec. 1561. Information sharing and cybersecurity.

Subtitle G—Surface Transportation Security

Sec. 1571. Definitions. Sec. 1572. Surface transportation security assessment and implementation of

risk-based strategy. Sec. 1573. Risk-based budgeting and resource allocation. Sec. 1574. Surface transportation security management and interagency coordi-

nation review. Sec. 1575. Transparency. Sec. 1576. TSA counterterrorism asset deployment. Sec. 1577. Surface transportation security advisory committee. Sec. 1578. Review of the explosives detection canine team program. Sec. 1579. Expansion of national explosives detection canine team program. Sec. 1580. Explosive detection technology. Sec. 1581. Study on security standards and best practices for United States

and foreign passenger transportation systems. Sec. 1582. Amtrak security upgrades. Sec. 1583. Study on surface transportation inspectors. Sec. 1584. Security awareness program. Sec. 1585. Voluntary use of credentialing. Sec. 1586. Background records checks for issuance of hazmat licenses. Sec. 1587. Recurrent vetting for surface transportation credential-holders. Sec. 1588. Pipeline security study.

Subtitle H—Security Enhancements in Public Areas of Transportation Facilities

Sec. 1591. Working group. Sec. 1592. Technical assistance; Vulnerability assessment tools. Sec. 1593. Operations centers. Sec. 1594. Review of regulations. Sec. 1595. Definition.

TITLE VI—EMERGENCY PREPAREDNESS, RESPONSE, AND COMMUNICATIONS

Subtitle A—Grants, Training, Exercises, and Coordination

Sec. 1601. Urban Area Security Initiative. Sec. 1602. State Homeland Security Grant Program. Sec. 1603. Grants to directly eligible tribes. Sec. 1604. Law enforcement terrorism prevention.


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Sec. 1605. Prioritization. Sec. 1606. Allowable uses. Sec. 1607. Approval of certain equipment. Sec. 1608. Memoranda of understanding. Sec. 1609. Grants metrics. Sec. 1610. Grant management best practices. Sec. 1611. Prohibition on consolidation. Sec. 1612. Maintenance of grant investments. Sec. 1613. Transit security grant program. Sec. 1614. Port security grant program. Sec. 1615. Cyber preparedness. Sec. 1616. Major metropolitan area counterterrorism training and exercise

grant program. Sec. 1617. Operation Stonegarden. Sec. 1618. Non-Profit Security Grant Program. Sec. 1619. Study of the use of grant funds for cybersecurity.

Subtitle B—Communications

Sec. 1631. Office of Emergency Communications. Sec. 1632. Responsibilities of Office of Emergency Communications Director. Sec. 1633. Annual reporting on activities of the Office of Emergency Commu-

nications. Sec. 1634. National Emergency Communications Plan. Sec. 1635. Technical edit. Sec. 1636. Public Safety Broadband Network. Sec. 1637. Communications training.

Subtitle C—Medical Preparedness

Sec. 1641. Chief Medical Officer. Sec. 1642. Medical Countermeasures Program.

TITLE VII—OTHER MATTERS

Sec. 1701. Decision regarding certain executive memoranda. Sec. 1702. Permanent authorization for Asia-Pacific Economic Cooperation

Business Travel Card Program. Sec. 1703. Authorization of appropriations for Office of Inspector General. Sec. 1704. Canine teams. Sec. 1705. Technical amendments to the Homeland Security Act of 2002. Sec. 1706. Savings clause.

DIVISION B—U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

Sec. 2001. Short title. Sec. 2002. Establishment of U.S. Immigration and Customs Enforcement.

DIVISION C—UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

Sec. 3001. Short title. Sec. 3002. Establishment of United States Citizenship and Immigration Serv-

ices.

DIVISION D—UNITED STATES SECRET SERVICE



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Sec. 4002. Presidential appointment of Director of the Secret Service. Sec. 4003. Restricted building or grounds. Sec. 4004. Threats against former vice presidents. Sec. 4005. Increased training. Sec. 4006. Training facilities. Sec. 4007. Evaluation of vulnerabilities and threats. Sec. 4008. Evaluation of use of technology. Sec. 4009. Evaluation of use of additional weaponry. Sec. 4010. Security costs for secondary residences. Sec. 4011. Establishment of Ethics Program Office. Sec. 4012. Secret Service protection at polling places. Sec. 4013. Sense of Congress.

DIVISION E—COAST GUARD


TITLE I—AUTHORIZATIONS

Sec. 5101. Authorizations of appropriations. Sec. 5102. Authorized levels of military strength and training.

TITLE II—COAST GUARD

Sec. 5201. Training; public safety personnel. Sec. 5202. Commissioned service retirement. Sec. 5203. Officer promotion zones. Sec. 5204. Cross reference. Sec. 5205. Repeal. Sec. 5206. Unmanned aircraft system. Sec. 5207. Coast Guard health-care professionals; licensure portability. Sec. 5208. Incentive contracts for Coast Guard yard and industrial establish-

ments. Sec. 5209. Maintaining cutters in class. Sec. 5210. Congressional affairs; Director. Sec. 5211. Contracting for major acquisitions programs. Sec. 5212. National Security Cutter. Sec. 5213. Radar refresher training. Sec. 5214. Repeal. Sec. 5215. Extension of authority. Sec. 5216. Authorization of amounts for Fast Response Cutters. Sec. 5217. Authorization of amounts for ice trials of icebreaker vessels. Sec. 5218. Shoreside infrastructure. Sec. 5219. Aircraft improvements. Sec. 5220. Acquisition plan for inland waterway and river tenders and Bay-

class icebreakers. Sec. 5221. Report on sexual assault victim recovery in the Coast Guard.

TITLE III—PORTS AND WATERWAYS SAFETY

Sec. 5301. Codification of Ports and Waterways Safety Act. Sec. 5302. Conforming amendments. Sec. 5303. Transitional and savings provisions. Sec. 5304. Rule of construction. Sec. 5305. Advisory Committee: Repeal. Sec. 5306. Regattas and marine parades. Sec. 5307. Regulation of vessels in territorial waters of United States.


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TITLE IV—MARITIME TRANSPORTATION SAFETY

Sec. 5401. Clarification of logbook entries. Sec. 5402. Technical corrections: licenses, certifications of registry, and mer-

chant mariner documents. Sec. 5403. Numbering for undocumented barges. Sec. 5404. Drawbridge deviation exemption. Sec. 5405. Deadline for compliance with alternate safety compliance programs. Sec. 5406. Authorization for marine debris program. Sec. 5407. Alternative distress signals. Sec. 5408. Atlantic Coast Port Access Route Study recommendations. Sec. 5409. Documentation of recreational vessels. Sec. 5410. Certificates of documentation for recreational vessels. Sec. 5411. Backup global positioning system. Sec. 5412. Waters deemed not navigable waters of the United States for certain

purposes. Sec. 5413. Uninspected passenger vessels in St. Louis County, Minnesota. Sec. 5414. Engine cut-off switch requirements. Sec. 5415. Analysis of commercial fishing vessel classification requirements.

TITLE V—MISCELLANEOUS

Sec. 5501. Repeal. Sec. 5502. Reimbursements for non-Federal construction costs of certain aids

to navigation. Sec. 5503. Corrections to provisions enacted by Coast Guard Authorization

Acts. Sec. 5504. Ship Shoal Lighthouse transfer: Repeal. Sec. 5505. Coast Guard maritime domain awareness. Sec. 5506. Towing safety management system fees. Sec. 5507. Oil spill disbursements auditing and report. Sec. 5508. Land exchange, Ayakulik Island, Alaska. Sec. 5509. Vessel response plans in the Arctic Report. Sec. 5510. Assessment of public comments on additional anchorages on the

Hudson River. Sec. 5511. Public safety answering points and maritime search and rescue co-

ordination. Sec. 5512. Documentation of ‘‘America’s Finest’’.

DIVISION F—FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

Sec. 6001. Short title. Sec. 6002. Reauthorization of Federal Emergency Management Agency. Sec. 6003. Comprehensive study of disaster costs and losses. Sec. 6004. National Domestic Preparedness Consortium. Sec. 6005. Rural Domestic Preparedness Consortium. Sec. 6006. National preparation and response efforts relating to earthquakes

and tsunamis. Sec. 6007. Authorities. Sec. 6008. Center for faith-based and neighborhood partnerships. Sec. 6009. Emergency support functions. Sec. 6010. Review of National Incident Management System. Sec. 6011. Remedial action management program. Sec. 6012. Center for Domestic Preparedness. Sec. 6013. FEMA Senior Law Enforcement Advisor.


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Sec. 6014. Technical expert authorized. Sec. 6015. Mission support. Sec. 6016. Systems modernization. Sec. 6017. Strategic human capital plan. Sec. 6018. Office of Disability Integration and Coordination of Department of

Homeland Security. Sec. 6019. Technical amendments to National Emergency Management.

SEC. 2. REFERENCES. 1

Except as expressly provided otherwise, any reference 2

to ‘‘this Act’’ contained in any division of this Act shall 3

be treated as referring only to the provisions of that divi-4

sion. 5

DIVISION A—HOMELAND 6SECURITY 7

TITLE I—DEPARTMENT OF 8HOMELAND SECURITY HEAD-9QUARTERS 10

SEC. 1001. SHORT TITLE. 11

This division may be cited as the ‘‘Department of 12

Homeland Security Authorization Act for Fiscal Years 13

2018 and 2019’’. 14

Subtitle A—Headquarters 15Operations 16

SEC. 1101. HOMELAND SECURITY ENTERPRISE DEFINED. 17

Section 2 of the Homeland Security Act of 2002 (6 18

U.S.C. 101) is amended— 19

(1) by redesignating paragraphs (9) through 20

(20) as paragraphs (10) through (21), respectively; 21

and 22


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(2) by inserting after paragraph (8) the fol-1

lowing new paragraph (9): 2

‘‘(9) The term ‘homeland security enterprise’ 3

means any relevant governmental or nongovern-4

mental entity involved in homeland security, includ-5

ing a Federal, State, or local government official, 6

private sector representative, academic, or other pol-7

icy expert.’’. 8

SEC. 1102. FUNCTIONS AND COMPONENTS OF HEAD-9

QUARTERS OF DEPARTMENT OF HOMELAND 10

SECURITY. 11

Section 102 of the Homeland Security Act of 2002 12

(6 U.S.C. 112) is amended— 13

(1) in subsection (c)— 14

(A) in the matter preceding paragraph (1), 15

by striking ‘‘through the Office of State and 16

Local Coordination (established under section 17

801)’’ and inserting ‘‘through the Office of 18

Partnership and Engagement’’; 19

(B) in paragraph (2), by striking ‘‘and’’ 20

after the semicolon at the end; 21

(C) in paragraph (3), by striking the pe-22

riod and inserting ‘‘; and’’; and 23

(D) by adding at the end the following: 24


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‘‘(4) entering into agreements with governments 1

of other countries, in consultation with the Secretary 2

of State, and international nongovernmental organi-3

zations in order to achieve the missions of the De-4

partment.’’; and 5

(2) by adding at the end the following new sub-6

section: 7

‘‘(h) HEADQUARTERS.— 8

‘‘(1) COMPONENTS.—There is in the Depart-9

ment a Headquarters. The Department Head-10

quarters shall include each of the following: 11

‘‘(A) The Office of the Secretary. 12

‘‘(B) The Office of the Deputy Secretary. 13

‘‘(C) The Executive Secretary. 14

‘‘(D) The Management Directorate, includ-15

ing the Office of the Chief Financial Officer. 16

‘‘(E) The Office of Strategy, Policy, and 17

Plans. 18

‘‘(F) The Office of the General Counsel. 19

‘‘(G) The Office of the Chief Privacy Offi-20

cer. 21

‘‘(H) The Office for Civil Rights and Civil 22

Liberties. 23

‘‘(I) The Office of Operations Coordina-24

tion. 25


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‘‘(J) The Office of Intelligence and Anal-1

ysis. 2

‘‘(K) The Office of Legislative Affairs. 3

‘‘(L) The Office of Public Affairs. 4

‘‘(M) The Office of the Inspector General. 5

‘‘(N) The Office of the Citizenship and Im-6

migration Services Ombudsman. 7

‘‘(O) The Office of Partnership and En-8

gagement. 9

‘‘(2) FUNCTIONS.—The Secretary, acting 10

through the appropriate official of the Headquarters, 11

shall— 12

‘‘(A) establish an overall strategy to suc-13

cessfully further the mission of the Department; 14

‘‘(B) establish initiatives that improve De-15

partment-wide operational performance; 16

‘‘(C) establish mechanisms to— 17

‘‘(i) ensure that components of the 18

Department comply with Department poli-19

cies and fully implement the strategies and 20

initiatives of the Secretary; and 21

‘‘(ii) require the head of each compo-22

nent of the Department and component 23

chief officers to comply with such policies 24


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and implement such strategies and initia-1

tives; 2

‘‘(D) establish annual operational and 3

management objectives to evaluate the perform-4

ance of the Department; 5

‘‘(E) ensure that the Department success-6

fully meets operational and management per-7

formance objectives through conducting over-8

sight of component agencies; 9

‘‘(F) ensure that the strategies, priorities, 10

investments, and workforce of Department com-11

ponents align with Department objectives; 12

‘‘(G) establish and implement policies re-13

lated to Department ethics and compliance 14

standards; 15

‘‘(H) establish and implement, in consulta-16

tion with the Office of Civil Rights and Civil 17

Liberties, policies which preserve individual lib-18

erty, fairness, and equality under the law; 19

‘‘(I) manage and encourage shared services 20

across Department components; 21

‘‘(J) lead and coordinate interaction with 22

Congress and other external organizations; and 23

‘‘(K) carry out other such functions as the 24

Secretary determines are appropriate.’’. 25


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SEC. 1103. REPEAL OF DIRECTOR OF SHARED SERVICES 1

AND OFFICE OF COUNTERNARCOTICS EN-2

FORCEMENT OF DEPARTMENT OF HOME-3

LAND SECURITY. 4

(a) ABOLISHMENT OF DIRECTOR OF SHARED SERV-5

ICES.— 6

(1) ABOLISHMENT.—The position of Director of 7

Shared Services of the Department of Homeland Se-8

curity is abolished. 9

(2) CONFORMING AMENDMENT.—The Home-10

land Security Act of 2002 is amended by striking 11

section 475 (6 U.S.C. 295). 12

(3) CLERICAL AMENDMENT.—The table of con-13

tents in section 1(b) of such Act is amended by 14

striking the item relating to section 475. 15

(b) ABOLISHMENT OF THE OFFICE OF COUNTER-16

NARCOTICS ENFORCEMENT.— 17

(1) ABOLISHMENT.—The Office of Counter-18

narcotics Enforcement is abolished. 19

(2) CONFORMING AMENDMENTS.—The Home-20

land Security Act of 2002 is amended— 21

(A) in subparagraph (B) of section 22

843(b)(1) (6 U.S.C. 413(b)(1)), by striking 23

‘‘by—’’ and all that follows through the end of 24

that subparagraph and inserting ‘‘by the Sec-25

retary; and’’; and 26


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(B) by striking section 878 (6 U.S.C. 1

112). 2




SEC. 1104. RESPONSIBILITIES AND FUNCTIONS OF CHIEF 6

PRIVACY OFFICER. 7

(a) IN GENERAL.—Section 222 of the Homeland Se-8

curity Act of 2002 (6 U.S.C. 142) is amended— 9

(1) in subsection (a)— 10

(A) in the matter preceding paragraph 11

(1)— 12

(i) by inserting ‘‘to be the Chief Pri-13

vacy Officer of the Department,’’ after ‘‘in 14

the Department,’’; and 15

(ii) by striking ‘‘to the Secretary, to 16

assume’’ and inserting ‘‘to the Secretary. 17

Such official shall have’’; 18

(B) in paragraph (5), by striking ‘‘and’’ at 19

the end; 20

(C) by striking paragraph (6); and 21

(D) by inserting after paragraph (5) the 22

following new paragraphs: 23


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‘‘(6) developing guidance to assist components 1

of the Department in developing privacy policies and 2

practices; 3

‘‘(7) establishing a mechanism to ensure such 4

components are in compliance with Federal, regu-5

latory, statutory, and Department privacy require-6

ments, mandates, directives, and policies; 7

‘‘(8) working with the Chief Information Officer 8

of the Department to identify methods for managing 9

and overseeing the records, management policies, 10

and procedures of the Department; 11

‘‘(9) working with components and offices of 12

the Department to ensure that information sharing 13

activities incorporate privacy protections; 14

‘‘(10) serving as the Chief FOIA Officer of the 15

Department for purposes of subsection (j) of section 16

552 of title 5, United States Code (popularly known 17

as the Freedom of Information Act), to manage and 18

process requests related to such section; 19

‘‘(11) developing guidance on procedures to be 20

followed by individuals making requests for informa-21

tion under section 552 of title 5, United States 22

Code; 23

‘‘(12) overseeing the management and proc-24

essing of requests for information under section 552 25


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of title 5, United States Code, within Department 1

Headquarters and relevant Department component 2

offices; 3

‘‘(13) identifying and eliminating unnecessary 4

and duplicative actions taken by the Department in 5

the course of processing requests for information 6

under section 552 of title 5, United States Code; 7

‘‘(14) preparing an annual report to Congress 8

that includes— 9

‘‘(A) a description of the activities of the 10

Department that affect privacy during the fiscal 11

year covered by the report, including complaints 12

of privacy violations, implementation of section 13

552a of title 5, United States Code (popularly 14

known as the Privacy Act of 1974), internal 15

controls, and other matters; and 16

‘‘(B) the number of new technology pro-17

grams implemented in the Department during 18

the fiscal year covered by the report, the num-19

ber of such programs that the Chief Privacy Of-20

ficer has evaluated to ensure that privacy pro-21

tections are considered and implemented, the 22

number of such programs that effectively imple-23

mented privacy protections into new technology 24

programs, and an explanation of why any new 25


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programs did not effectively implement privacy 1

protections; and 2

‘‘(15) carrying out such other responsibilities as 3

the Secretary determines are appropriate, consistent 4

with this section.’’; and 5

(2) by adding at the end the following new sub-6

section: 7

‘‘(f) REASSIGNMENT OF FUNCTIONS.—Notwith-8

standing subsection (a)(10), the Secretary may reassign 9

the functions related to managing and processing requests 10

for information under section 552 of title 5, United States 11

Code, to another officer within the Department, consistent 12

with requirements of that section.’’. 13

SEC. 1105. RESPONSIBILITIES OF CHIEF FINANCIAL OFFI-14

CER. 15



(1) by redesignating subsections (b) and (c) as 18

subsections (c) and (d), respectively; and 19

(2) by inserting after subsection (a) the fol-20

lowing new subsection (b): 21

‘‘(b) RESPONSIBILITIES.—In carrying out the re-22

sponsibilities, authorities, and functions specified in sec-23

tion 902 of title 31, United States Code, the Chief Finan-24

cial Officer shall— 25


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‘‘(1) oversee Department budget formulation 1

and execution; 2

‘‘(2) lead and provide guidance on performance- 3

based budgeting practices for the Department to en-4

sure that the Department and its components are 5

meeting missions and goals; 6

‘‘(3) lead cost-estimating practices for the De-7

partment, including the development of policies on 8

cost estimating and approval of life cycle cost esti-9

mates; 10

‘‘(4) coordinate with the Office of Strategy, 11

Policy, and Plans to ensure that the development of 12

the budget for the Department is compatible with 13

the long-term strategic plans, priorities, and policies 14

of the Secretary; 15

‘‘(5) develop financial management policy for 16

the Department and oversee the implementation of 17

such policy, including the establishment of effective 18

internal controls over financial reporting systems 19

and processes throughout the Department; 20

‘‘(6) provide guidance for and over financial 21

system modernization efforts throughout the Depart-22

ment; 23


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‘‘(7) lead the efforts of the Department related 1

to financial oversight, including identifying ways to 2

streamline and standardize business processes; 3

‘‘(8) oversee the costs of acquisition programs 4

and related activities to ensure that actual and 5

planned costs are in accordance with budget esti-6

mates and are affordable, or can be adequately fund-7

ed, over the lifecycle of such programs and activities; 8

‘‘(9) fully implement a common accounting 9

structure to be used across the entire Department 10

by fiscal year 2020; and 11

‘‘(10) track, approve, oversee, and make public 12

information on expenditures by components of the 13

Department for conferences, as appropriate, includ-14

ing by requiring each component to— 15

‘‘(A) report to the Inspector General of the 16

Department the expenditures by such compo-17

nent for each conference hosted or attended by 18

Department employees for which the total ex-19

penditures of the Department exceed $20,000, 20

within 15 days after the date of the conference; 21

and 22

‘‘(B) with respect to such expenditures, 23

provide to the Inspector General— 24


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‘‘(i) the information described in sub-1

sections (a), (b), and (c) of section 739 of 2

title VII of division E of the Consolidated 3

and Further Continuing Appropriations 4

Act, 2015 (Public Law 113–235); and 5

‘‘(ii) documentation of such expendi-6

tures.’’. 7

(b) RULE OF CONSTRUCTION.—Nothing in the 8

amendment made by this section may be construed as al-9

tering or amending the responsibilities, authorities, and 10

functions of the Chief Financial Officer of the Department 11

of Homeland Security under section 902 of title 31, 12

United States Code. 13

SEC. 1106. CHIEF INFORMATION OFFICER. 14



(1) in subsection (a), by adding at the end the 17

following new sentence: ‘‘In addition to the functions 18

under section 3506(a)(2) of title 44, United States 19

Code, the Chief Information Officer shall perform 20

the functions set forth in this section and such other 21

functions as may be assigned by the Secretary.’’; 22

(2) by redesignating subsection (b) as sub-23

section (d); and 24


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lowing new subsections: 2

‘‘(b) RESPONSIBILITIES.—In addition to performing 3

the functions under section 3506 of title 44, United States 4

Code, the Chief Information Officer shall serve as the lead 5

technical authority for information technology programs 6

of the Department and Department components, and 7

shall— 8

‘‘(1) advise and assist the Secretary, heads of 9

the components of the Department, and other senior 10

officers in carrying out the responsibilities of the 11

Department for all activities relating to the budgets, 12

programs, security, and operations of the informa-13

tion technology functions of the Department; 14

‘‘(2) to the extent delegated by the Secretary, 15

exercise leadership and authority over Department 16

information technology management and establish 17

the information technology priorities, policies, proc-18

esses, standards, guidelines, and procedures of the 19

Department to ensure interoperability and standard-20

ization of information technology; 21

‘‘(3) maintain a consolidated inventory of the 22

mission critical and mission essential information 23

systems of the Department, and develop and main-24

tain contingency plans for responding to a disrup-25


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tion in the operation of any of those information sys-1

tems; 2

‘‘(4) maintain the security, visibility, reliability, 3

integrity, and availability of data and information 4

technology of the Department; 5

‘‘(5) establish and implement policies and pro-6

cedures to effectively monitor and manage 7

vulnerabilities in the supply chain for purchases of 8

information technology, in consultation with the 9

Chief Procurement Officer of the Department; 10

‘‘(6) review contracts and interagency agree-11

ments associated with major information technology 12

investments and information technology investments 13

that have had cost, schedule, or performance chal-14

lenges in the past; 15

‘‘(7) assess the risk of all major information 16

technology investments and publically report the risk 17

rating to the Office of Management and Budget; and 18

‘‘(8) carry out any other responsibilities dele-19

gated by the Secretary consistent with an effective 20

information system management function. 21

‘‘(c) STRATEGIC PLANS.—In coordination with the 22

Chief Financial Officer, the Chief Information Officer 23

shall develop an information technology strategic plan 24

every five years and report to the Committee on Homeland 25


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Security and the Committee on Appropriations of the 1

House of Representatives and the Committee on Home-2

land Security and Governmental Affairs and the Com-3

mittee on Appropriations of the Senate on the extent to 4

which— 5

‘‘(1) the budget of the Department aligns with 6

priorities specified in the information technology 7

strategic plan; 8

‘‘(2) the information technology strategic plan 9

informs the budget process of the Department; 10

‘‘(3) information technology priorities were or 11

were not funded and the reasons for not funding all 12

priorities in a given fiscal year; 13

‘‘(4) the Department has identified and ad-14

dressed skills gaps needed to implement the informa-15

tion technology strategic plan; and 16

‘‘(5) unnecessary duplicate information tech-17

nology within and across the components of the De-18

partment has been eliminated.’’. 19

(b) SOFTWARE LICENSING.— 20

(1) SOFTWARE INVENTORY.—Not later than 21

180 days after the date of the enactment of this Act 22

and every two years thereafter until 2022, the Chief 23

Information Officer of the Department of Homeland 24


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Security, in consultation with Department compo-1

nent chief information officers, shall— 2

(A) conduct a Department-wide inventory 3

of all existing software licenses held by the De-4

partment, including utilized and unutilized li-5

censes; 6

(B) assess the needs of the Department 7

and the components of the Department for soft-8

ware licenses for the subsequent two fiscal 9

years; 10

(C) examine how the Department can 11

achieve the greatest possible economies of scale 12

and cost savings in the procurement of software 13

licenses; 14

(D) determine how the use of shared 15

cloud-computing services will impact the needs 16

for software licenses for the subsequent two fis-17

cal years; 18

(E) establish plans and estimated costs for 19

eliminating unutilized software licenses for the 20

subsequent two fiscal years; and 21

(F) submit a copy of each inventory con-22

ducted under subparagraph (A) to the Com-23

mittee on Homeland Security of the House of 24

Representatives and the Committee on Home-25


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land Security and Governmental Affairs of the 1

Senate. 2

(2) PLAN TO REDUCE SOFTWARE LICENSES.— 3

If the Chief Information Officer determines through 4

the inventory conducted under paragraph (1) that 5

the number of software licenses held by the Depart-6

ment and the components of the Department exceed 7

the needs of the Department, not later than 90 days 8

after the date on which the inventory is completed, 9

the Secretary of Homeland Security shall establish a 10

plan for reducing the number of such software li-11

censes to meet needs of the Department. 12

(3) PROHIBITION ON PROCUREMENT OF NEW 13

SOFTWARE LICENSES.— 14

(A) IN GENERAL.—Except as provided in 15

subparagraph (B), upon completion of a plan 16

under paragraph (2), no additional resources 17

may be obligated for the procurement of new 18

software licenses for the Department until such 19

time as the need of the Department exceeds the 20

number of used and unused licenses held by the 21

Department. 22

(B) EXCEPTION.—The Chief Information 23

Officer may authorize the purchase of addi-24


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tional licenses and amend the number of needed 1

licenses as necessary. 2

(c) COMPTROLLER GENERAL REVIEW.—Not later 3

than fiscal year 2019, the Comptroller General of the 4

United States shall review the extent to which the Chief 5

Information Officer fulfilled all requirements established 6

in this section and the amendment made by this section. 7

(d) COMPLETION OF FIRST DEFINITION OF CAPA-8

BILITIES.—Not later than one year after the date of the 9

enactment of this Act, the Chief Information Officer shall 10

complete the first information technology strategic plan 11

required under subsection (c) of section 701 of the Home-12

land Security Act of 2002, as added by subsection (a) of 13

this section. 14

SEC. 1107. QUADRENNIAL HOMELAND SECURITY REVIEW. 15



(1) in subsection (a)(3)— 18

(A) in subparagraph (B), by striking 19

‘‘and’’ at the end; 20

(B) by redesignating subparagraph (C) as 21

subparagraph (D); and 22

(C) by inserting after subparagraph (B) 23

the following new subparagraph (C): 24


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‘‘(C) representatives from appropriate ad-1

visory committees established pursuant to sec-2

tion 871, including the Homeland Security Ad-3

visory Council and the Homeland Security 4

Science and Technology Advisory Committee, or 5

otherwise established, including the Aviation 6

Security Advisory Committee established pursu-7

ant to section 44946 of title 49, United States 8

Code; and’’; 9

(2) in subsection (b)— 10

(A) in paragraph (2), by inserting before 11

the semicolon at the end the following: ‘‘based 12

on the risk assessment required pursuant to 13

subsection (c)(2)(B)’’; 14

(B) in paragraph (3)— 15

(i) by inserting ‘‘, to the extent prac-16

ticable,’’ after ‘‘describe’’; and 17

(ii) by striking ‘‘budget plan’’ and in-18

serting ‘‘resources required’’; 19

(C) in paragraph (4)— 20

(i) by inserting ‘‘, to the extent prac-21

ticable,’’ after ‘‘identify’’; 22

(ii) by striking ‘‘budget plan required 23

to provide sufficient resources to success-24


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fully’’ and inserting ‘‘resources required 1

to’’; and 2

(iii) by striking the semicolon at the 3

end and inserting ‘‘, including any re-4

sources identified from redundant, waste-5

ful, or unnecessary capabilities and capac-6

ities that can be redirected to better sup-7

port other existing capabilities and capac-8

ities, as the case may be; and’’; 9

(D) in paragraph (5), by striking ‘‘; and’’ 10

and inserting a period; and 11

(E) by striking paragraph (6); 12

(3) in subsection (c)— 13

(A) in paragraph (1), by striking ‘‘Decem-14

ber 31 of the year’’ and inserting ‘‘60 days 15

after the date of the submittal of the Presi-16

dent’s budget for the fiscal year after the fiscal 17

year’’; 18

(B) in paragraph (2)— 19

(i) in subparagraph (B), by striking 20

‘‘description of the threats to’’ and insert-21

ing ‘‘risk assessment of’’; 22

(ii) in subparagraph (C), by inserting 23

‘‘, as required under subsection (b)(2)’’ be-24

fore the semicolon at the end; 25


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(iii) in subparagraph (D)— 1

(I) by inserting ‘‘to the extent 2

practicable,’’ before ‘‘a description’’; 3

and 4

(II) by striking ‘‘budget plan’’ 5

and inserting ‘‘resources required’’; 6

(iv) in subparagraph (F)— 7


practicable,’’ before ‘‘a discussion’’; 9

and 10

(II) by striking ‘‘the status of’’; 11

(v) in subparagraph (G)— 12


practicable,’’ before ‘‘a discussion’’; 14

(II) by striking ‘‘the status of’’; 15

(III) by inserting ‘‘and risks’’ be-16

fore ‘‘to national homeland’’; and 17

(IV) by inserting ‘‘and’’ after the 18

semicolon at the end; 19

(vi) by striking subparagraph (H); 20

and 21

(vii) by redesignating subparagraph 22

(I) as subparagraph (H); 23

(C) by redesignating paragraph (3) as 24

paragraph (4); and 25


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(D) by inserting after paragraph (2) the 1

following new paragraph (3): 2

‘‘(3) DOCUMENTATION.—The Secretary shall 3

retain the following documentation regarding the 4

quadrennial homeland security review: 5

‘‘(A) Records regarding the consultation 6

carried out the pursuant to subsection (a)(3), 7

including— 8

‘‘(i) all written communications, in-9

cluding communications sent out by the 10

Secretary and feedback submitted to the 11

Secretary through technology, online com-12

munications tools, in-person discussions, 13

and the interagency process; and 14

‘‘(ii) information on how feedback re-15

ceived by the Secretary informed the quad-16

rennial homeland security review. 17

‘‘(B) Information regarding the risk as-18

sessment, as required under subsection 19

(c)(2)(B), including— 20

‘‘(i) the risk model utilized to generate 21

the risk assessment; 22

‘‘(ii) information, including data used 23

in the risk model, utilized to generate the 24

risk assessment; 25


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‘‘(iii) sources of information, including 1

other risk assessments, utilized to generate 2

the risk assessment; and 3

‘‘(iv) information on assumptions, 4

weighing factors, and subjective judgments 5

utilized to generate the risk assessment, 6

together with information on the rationale 7

or basis thereof.’’; and 8

(4) by redesignating subsection (d) as sub-9

section (e); and 10

(5) by inserting after subsection (c) the fol-11

lowing new subsection (d): 12

‘‘(d) REVIEW.—Not later than 90 days after the sub-13

mission of each report required under subsection (c)(1), 14

the Secretary shall provide to the Committee on Homeland 15

Security of the House of Representatives and the Com-16

mittee on Homeland Security and Governmental Affairs 17

of the Senate information on the degree to which the find-18

ings and recommendations developed in the quadrennial 19

homeland security review covered by the report were inte-20

grated into the acquisition strategy and expenditure plans 21

for the Department.’’. 22

(b) EFFECTIVE DATE.—The amendments made by 23

this section shall apply with respect to a quadrennial 24


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homeland security review conducted after December 31, 1

2017. 2

SEC. 1108. OFFICE OF STRATEGY, POLICY, AND PLANS. 3


curity Act of 2002 (as redesignated pursuant to section 5

1705(g) of this Act; relating to the Office of Strategy, Pol-6

icy, and Plans of the Department of Homeland Security) 7

is amended— 8

(1) in subsection (a), by adding at the end the 9

following: ‘‘The Office of Strategy, Policy, and Plans 10

shall include the following components: 11

‘‘(1) The Office of International Affairs. 12

‘‘(2) The Office of Cyber, Infrastructure, and 13

Resilience Policy. 14

‘‘(3) The Office of Strategy, Planning, Analysis, 15

and Risk. 16

‘‘(4) The Office of Threat Prevention and Secu-17

rity Policy. 18

‘‘(5) The Office of Border, Immigration, and 19

Trade Policy.’’; 20

(2) by redesignating subsections (e) through (g) 21

as subsections (f) through (h), respectively; and 22

(3) by inserting after subsection (d) the fol-23

lowing new subsection: 24


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‘‘(e) ASSISTANT SECRETARY FOR INTERNATIONAL 1

AFFAIRS.—The Office of International Affairs shall be led 2

by an Assistant Secretary for International Affairs ap-3

pointed by the Secretary. The Assistant Secretary shall— 4

‘‘(1) coordinate international activities within 5

the Department, including activities carried out by 6

the components of the Department, in consultation 7

with other Federal officials with responsibility for 8

counterterrorism and homeland security matters; 9

‘‘(2) advise, inform, and assist the Secretary 10

with respect to the development and implementation 11

of the policy priorities of the Department, including 12

strategic priorities for the deployment of assets, in-13

cluding personnel, outside the United States; 14

‘‘(3) develop, in consultation with the Under 15

Secretary for Management, guidance for selecting, 16

assigning, training, and monitoring overseas deploy-17

ments of Department personnel, including minimum 18

standards for pre-deployment training; 19

‘‘(4) maintain awareness regarding the inter-20

national travel of senior officers of the Department 21

and their intent to pursue negotiations with foreign 22

government officials, and review resulting draft 23

agreements; and 24


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‘‘(5) perform such other functions as are estab-1

lished by law or delegated by the Under Secretary 2

for Policy.’’. 3

(b) ABOLISHMENT OF OFFICE OF INTERNATIONAL 4

AFFAIRS.— 5

(1) IN GENERAL.—The Office of International 6

Affairs within the Office of the Secretary of Home-7

land Security is abolished. 8

(2) TRANSFER OF ASSETS AND PERSONNEL.— 9

The functions authorized to be performed by such 10

office as of the day before the date of the enactment 11

of this Act, and the assets and personnel associated 12

with such functions, are transferred to the head of 13

the Office of International Affairs provided for by 14

section 708 of the Homeland Security Act of 2002, 15

as amended by this section. 16



section 879 (6 U.S.C. 459). 19




(c) CONFORMING AMENDMENTS RELATING TO AS-23

SISTANT SECRETARIES.—Subsection (a) of section 103 of 24


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the Homeland Security Act of 2002 (6 U.S.C. 113) is 1

amended— 2

(1) in the subsection heading, by inserting ‘‘; 3

ASSISTANT SECRETARIES AND OTHER OFFICERS’’ 4

after ‘‘UNDER SECRETARIES’’; 5

(2) in paragraph (1), by amending subpara-6

graph (I) to read as follows: 7

‘‘(I) An Administrator of the Transpor-8

tation Security Administration.’’; 9

(3) by amending paragraph (2) to read as fol-10

lows: 11

‘‘(2) ASSISTANT SECRETARIES.—The following 12

Assistant Secretaries shall be appointed by the 13

President or the Secretary, as the case may be, with-14

out the advice and consent of the Senate: 15

‘‘(A) PRESIDENTIAL APPOINTMENTS.—The 16

Department shall have the following Assistant 17

Secretaries appointed by the President: 18

‘‘(i) The Assistant Secretary, Infra-19

structure Protection. 20

‘‘(ii) The Assistant Secretary for Pub-21

lic Affairs. 22

‘‘(iii) The Assistant Secretary for 23

Legislative Affairs. 24


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‘‘(B) SECRETARIAL APPOINTMENTS.—The 1

Department shall have the following Assistant 2

Secretaries appointed by the Secretary: 3

‘‘(i) The Principal Assistant Secretary 4

for External Affairs. 5

‘‘(ii) The Assistant Secretary, Office 6

of Cybersecurity and Communications. 7

‘‘(iii) The Assistant Secretary for 8

International Affairs. 9

‘‘(iv) The Assistant Secretary for 10

Partnership and Engagement. 11

‘‘(v) The Assistant Secretary for 12

Threat Prevention and Security Policy. 13

‘‘(vi) The Assistant Secretary for Bor-14

der, Immigration, and Trade Policy. 15

‘‘(vii) The Assistant Secretary for 16

Cyber, Infrastructure, and Resilience Pol-17

icy. 18

‘‘(viii) The Assistant Secretary for 19

Strategy, Planning, Analysis, and Risk. 20

‘‘(ix) The Assistant Secretary for 21

State and Local Law Enforcement.’’; and 22

(4) by adding at the end the following new 23

paragraphs: 24


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‘‘(3) ASSISTANT SECRETARY FOR LEGISLATIVE 1

AFFAIRS.—The Assistant Secretary for Legislative 2

Affairs shall oversee one internal reporting structure 3

for engaging with authorizing and appropriating 4

congressional committees. 5

‘‘(4) LIMITATION ON CREATION OF POSI-6

TIONS.—No Assistant Secretary position may be cre-7

ated in addition to the positions provided for by this 8

section unless such position is authorized by a stat-9

ute enacted after the date of the enactment of the 10

Department of Homeland Security Authorization 11

Act for Fiscal Years 2018 and 2019.’’. 12

(d) HOMELAND SECURITY ADVISORY COUNCIL.— 13

Subsection (b) of section 102 of the Homeland Security 14

Act of 2002 (6 U.S.C. 112) is amended— 15

(1) in paragraph (2), by striking ‘‘and’’ at the 16

end; 17

(2) in paragraph (3), by striking the period at 18

the end and inserting ‘‘; and’’; and 19

(3) by adding at the end the following new 20

paragraph: 21

‘‘(4) shall establish a Homeland Security Advi-22

sory Council to provide advice and recommendations 23

on homeland security-related matters, including ad-24


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•HR 2825 RS

vice with respect to the preparation of the Quadren-1

nial Homeland Security Review.’’. 2

(e) PROHIBITION ON NEW OFFICES.—No new office 3

may be created to perform functions transferred by this 4

section, other than as provided in section 709 of the 5

Homeland Security Act of 2002, as amended by this Act. 6

(f) DEFINITIONS.—In this section each of the terms 7

‘‘functions’’, ‘‘assets’’, and ‘‘personnel’’ has the meaning 8

given each such term under section 2 of the Homeland 9

Security Act of 2002 (6 U.S.C. 101). 10

(g) DUPLICATION REVIEW.— 11

(1) REVIEW REQUIRED.—Not later than one 12

year after the date of the enactment of this Act, the 13

Secretary of Homeland Security shall complete a re-14

view of the functions and responsibilities of each De-15

partment of Homeland Security component respon-16

sible for international affairs to identify and elimi-17

nate areas of unnecessary duplication. 18

(2) SUBMISSION TO CONGRESS.—Not later than 19

30 days after the completion of the review required 20

under paragraph (1), the Secretary shall provide the 21

results of the review to the Committee on Homeland 22

Security of the House of Representatives and the 23

Committee on Homeland Security and Governmental 24

Affairs of the Senate. 25


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(3) ACTION PLAN.—Not later than one year 1

after the date of the enactment of this Act, the Sec-2

retary shall submit to the congressional homeland 3

security committees an action plan, including correc-4

tive steps and an estimated date of completion, to 5

address areas of duplication, fragmentation, and 6

overlap and opportunities for cost savings and rev-7

enue enhancement, as identified by the Government 8

Accountability Office based on the annual report of 9

the Government Accountability Office entitled ‘‘Ad-10

ditional Opportunities to Reduce Fragmentation, 11

Overlap, and Duplication and Achieve Other Finan-12

cial Benefits’’. 13

SEC. 1109. OFFICE OF EXTERNAL AFFAIRS. 14

(a) IN GENERAL.—Title VII of the Homeland Secu-15

rity Act of 2002 (6 U.S.C. 341 et seq.) is amended by 16

adding at the end the following new section: 17

‘‘SEC. 709. OFFICE OF EXTERNAL AFFAIRS. 18

‘‘(a) IN GENERAL.—There is established in the De-19

partment an Office of External Affairs. 20

‘‘(b) HEAD OF THE OFFICE.—The Office of External 21

Affairs shall be headed by a Principal Assistant Secretary 22

for External Affairs, who shall be appointed by the Sec-23

retary. The Principal Assistant Secretary shall report to 24

the Secretary. 25


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‘‘(c) COMPOSITION.—The Office of External Affairs 1

shall include the following components: 2

‘‘(1) The Office of Legislative Affairs, led by 3

the Assistant Secretary for Legislative Affairs who 4

shall report to the Principal Assistant Secretary for 5

External Affairs. 6

‘‘(2) The Office of Public Affairs, led by the As-7

sistant Secretary for Public Affairs who shall report 8

to the Principal Assistant Secretary for External Af-9

fairs. 10

‘‘(3) The Office of Partnership and Engage-11

ment, led by the Assistant Secretary for Partnership 12

and Engagement who shall report to the Principal 13

Assistant Secretary for External Affairs. 14

‘‘(d) ASSISTANT SECRETARY FOR PARTNERSHIP AND 15

ENGAGEMENT.—The Assistant Secretary for Partnership 16

and Engagement shall be appointed by the Secretary and 17

shall— 18

‘‘(1) lead the efforts of the Department to in-19

corporate external feedback from stakeholders into 20

policy and strategic planning efforts, as appropriate, 21

in consultation with the Office for Civil Rights and 22

Civil Liberties; 23

‘‘(2) conduct the activities specified in section 24

2006(b); 25


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‘‘(3) advise the Secretary on the effects of the 1

policies, regulations, processes, and actions of the 2

Department on the private sector and create and 3

foster strategic communications with the private sec-4

tor to enhance the primary mission of the Depart-5

ment to protect the homeland; 6

‘‘(4) coordinate the activities of the Department 7

relating to State and local government; 8

‘‘(5) provide State and local governments with 9

regular information, research, and technical support 10

to assist local efforts at securing the homeland; and 11

‘‘(6) perform such other functions as are estab-12

lished by law or delegated by the Secretary.’’. 13

(b) TRANSFER OF FUNCTIONS, ASSETS, AND PER-14

SONNEL OF OFFICE FOR STATE AND LOCAL LAW EN-15

FORCEMENT.—The functions authorized to be performed 16

by the Office for State and Local Law Enforcement of 17

the Department of Homeland Security as of the day before 18

the date of the enactment of this Act, and the assets and 19

personnel associated with such functions, are transferred 20

to the Office of Partnership and Engagement under sec-21

tion 709 of the Homeland Security Act of 2002, as added 22

by this section. 23

(c) ABOLISHMENT OF OFFICE FOR STATE AND 24

LOCAL GOVERNMENT COORDINATION.— 25


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(1) IN GENERAL.—The Office for State and 1

Local Government Coordination of the Department 2

of Homeland Security is abolished. 3

(2) TRANSFER OF FUNCTIONS AND ASSETS.— 4


Office for State and Local Government Coordination 6

immediately on the day before the date of the enact-7

ment of this Act, and the assets and personnel asso-8

ciated with such functions, are transferred to the Of-9

fice of Partnership and Engagement under section 10

709 of the Homeland Security Act of 2002, as 11

added by this section. 12



section 801 (6 U.S.C. 631). 15




(d) ABOLISHMENT OF SPECIAL ASSISTANT TO SEC-19

RETARY OF HOMELAND SECURITY.— 20

(1) IN GENERAL.—The Special Assistant to the 21

Secretary authorized by section 102(f) of the Home-22

land Security Act of 2002 (6 U.S.C. 112(f)), as in 23

effect on the day before the date of the enactment 24

of this Act, is abolished. 25


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(2) TRANSFER OF FUNCTIONS AND ASSETS.— 1


Special Assistant to the Secretary immediately be-3

fore the enactment of this Act, and the assets and 4

personnel associated with such functions, are trans-5

ferred to the Office of Partnership and Engagement 6

under section 709 of the Homeland Security Act of 7

2002, as added by this section. 8

(3) CONFORMING AMENDMENT.—Section 102 9

of the Homeland Security Act of 2002 (6 U.S.C. 10

112) is amended by striking subsection (f). 11

(e) CLERICAL AMENDMENT.—The table of contents 12

in section 1(b) of the Homeland Security Act of 2002 is 13

amended by inserting after the item relating to section 14

708 (as redesignated pursuant to section 1705(o) of this 15

Act) the following new item: 16

‘‘Sec. 709. Office of External Affairs.’’.

SEC. 1110. CHIEF PROCUREMENT OFFICER. 17


rity Act of 2002 (6 U.S.C. 341 et seq.), as amended by 19

this Act, is further amended by adding at the end the fol-20

lowing new section: 21

‘‘SEC. 710. CHIEF PROCUREMENT OFFICER. 22

‘‘(a) IN GENERAL.—There is in the Department a 23

Chief Procurement Officer, who shall serve as a senior 24

business advisor to agency officials on procurement-re-25


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lated matters and report directly to the Under Secretary 1

for Management. The Chief Procurement Officer is the 2

senior procurement executive for purposes of subsection 3

(c) of section 1702 of title 41, United States Code, and 4

shall perform procurement functions as specified in such 5

subsection. 6

‘‘(b) RESPONSIBILITIES.—The Chief Procurement 7

Officer shall— 8

‘‘(1) delegate or retain contracting authority, as 9

appropriate; 10

‘‘(2) issue procurement policies and oversee the 11

heads of contracting activity of the Department to 12

ensure compliance with those policies; 13

‘‘(3) serve as the main liaison of the Depart-14

ment to industry on procurement-related issues; 15

‘‘(4) account for the integrity, performance, and 16

oversight of Department procurement and con-17

tracting functions; 18

‘‘(5) ensure that procurement contracting strat-19

egies and plans are consistent with the intent and 20

direction of the Acquisition Review Board; 21

‘‘(6) oversee a centralized acquisition workforce 22

certification and training program using, as appro-23

priate, existing best practices and acquisition train-24

ing opportunities from the Federal Government, pri-25


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vate sector, or universities and colleges to include 1

training on how best to identify actions that warrant 2

referrals for suspension or debarment; 3

‘‘(7) provide input on the periodic performance 4

reviews of each head of contracting activity of the 5

Department; 6

‘‘(8) collect baseline data and use such data to 7

establish performance measures on the impact of 8

strategic sourcing initiatives on the private sector, 9

including small businesses; 10

‘‘(9) establish and implement policies and pro-11

cedures to effectively monitor and manage 12

vulnerabilities in the supply chain for all Depart-13

ment purchases; 14

‘‘(10) ensure that a fair proportion of the value 15

of Federal contracts and subcontracts are awarded 16

to small businesses (in accordance with the procure-17

ment contract goals under section 15(g) of the Small 18

Business Act (15 U.S.C. 644(g)), maximize opportu-19

nities for small business participation in such con-20

tracts, and ensure, to the extent practicable, small 21

businesses that achieve qualified vendor status for 22

security-related technologies are provided an oppor-23

tunity to compete for contracts for such technology; 24


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‘‘(11) conduct oversight of implementation of 1

administrative agreements to resolve suspension or 2

debarment proceedings; and 3

‘‘(12) carry out any other procurement duties 4

that the Under Secretary for Management may des-5

ignate. 6

‘‘(c) HEAD OF CONTRACTING ACTIVITY DEFINED.— 7

In this section the term ‘head of contracting activity’ 8

means an official responsible for the creation, manage-9

ment, and oversight of a team of procurement profes-10

sionals properly trained, certified, and warranted to ac-11

complish the acquisition of products and services on behalf 12

of the designated components, offices, and organizations 13

of the Department, and as authorized, other government 14

entities.’’. 15

(b) CLERICAL AMENDMENT.—The table of contents 16

in section 1(b) of the Homeland Security Act of 2002, as 17

amended by this Act, is further amended by inserting after 18

the item relating to section 709 the following new item: 19

‘‘Sec. 710. Chief Procurement Officer.’’.

SEC. 1111. CHIEF SECURITY OFFICER. 20


rity Act of 2002 (6 U.S.C. 341 et seq.) is further amended 22

by inserting after the item relating to section 710, as 23

added by this Act, the following new section: 24


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‘‘SEC. 711. CHIEF SECURITY OFFICER. 1

‘‘(a) IN GENERAL.—There is in the Department a 2

Chief Security Officer, who shall report directly to the 3

Under Secretary for Management. 4

‘‘(b) RESPONSIBILITIES.—The Chief Security Officer 5

shall— 6

‘‘(1) develop and implement the security poli-7

cies, programs, and standards of the Department; 8

‘‘(2) identify training and provide education to 9

Department personnel on security-related matters; 10

and 11

‘‘(3) provide support to Department compo-12

nents on security-related matters.’’. 13

(b) CLERICAL AMENDMENT.—The table of contents 14

in section 1(b) of such Act is further amended by inserting 15

after the item relating to section 710, as added by this 16

Act, the following new item: 17

‘‘Sec. 711. Chief Security Officer.’’.

SEC. 1112. OFFICE OF INSPECTOR GENERAL. 18

(a) SENSE OF CONGRESS.— 19

(1) FINDINGS.—Congress finds the following: 20

(A) The Inspector General Act of 1978 21

mandates that Inspectors General are to con-22

duct audits and investigations relating to the 23

programs and operations of Federal depart-24

ments to promote economy, efficiency, and ef-25


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fectiveness in the administration of programs 1

and operations, and to prevent and detect fraud 2

and abuse in such programs and operations. 3

(B) The Inspector General Act of 1978 4

mandates that Inspectors General are to pro-5

vide a means for keeping Federal departments 6

and the Congress fully and currently informed 7

about problems and deficiencies relating to the 8

administration of such programs and operations 9

and the necessity for and progress of corrective 10

action. 11

(C) The Office of the Inspector General of 12

the Department of Homeland Security detects, 13

investigates, and prevents instances of waste, 14

fraud, abuse, and mismanagement within the 15

Department, and offers solutions for response. 16

(D) The Office of the Inspector General of 17

the Department of Homeland Security consist-18

ently produces high-value, high-impact work 19

that enhances the security and safety of the 20

homeland. 21

(E) The Inspector General of the Depart-22

ment of Homeland Security provides the leader-23

ship and accountability within the Office of the 24


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Inspector General to oversee a cabinet-level 1

agency. 2

(F) The Inspector General of the Depart-3

ment of Homeland Security stands as a leader 4

within the Inspector General community 5

through consistent exemplary service. 6

(G) The Office of Inspector General of the 7

Department of Homeland Security offers the 8

Federal Government and American taxpayers 9

an impressive return on investment, measured 10

in dollars spent versus dollars saved. 11

(H) The Office of the Inspector General of 12

the Department of Homeland Security enhances 13

the Department’s ability to effectively and effi-14

ciently administer laws. 15

(2) SENSE OF CONGRESS.—It is the sense of 16

Congress that the Inspector General of the Depart-17

ment of Homeland Security plays a vital role in ful-18

filling the Department’s daily missions. 19

(b) NOTIFICATION.—The heads of offices and compo-20

nents of the Department of Homeland Security shall 21

promptly advise the Inspector General of the Department 22

of all allegations of misconduct with respect to which the 23

Inspector General has investigative authority under the 24

Inspector General Act of 1978. The Inspector General 25


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may waive the notification requirement under this sub-1

section with respect to any category or subset of allega-2

tions of misconduct. 3

(c) RULE OF CONSTRUCTION.—Nothing in this sec-4

tion may be construed as affecting the authority of the 5

Secretary of Homeland Security under subsection (a) of 6

section 8I of the Inspector General Act of 1978 (5 U.S.C. 7

App. 8I). 8

SEC. 1113. OFFICE FOR CIVIL RIGHTS AND CIVIL LIB-9

ERTIES. 10



(1) in the section heading, by striking ‘‘ESTAB-13

LISHMENT OF OFFICER FOR’’; 14

(2) by redesignating subsection (b) as sub-15

section (c); and 16


lowing new subsection: 18

‘‘(b) OFFICE FOR CIVIL RIGHTS AND CIVIL LIB-19

ERTIES.—There is in the Department an Office for Civil 20

Rights and Civil Liberties. Under the direction of the Offi-21

cer for Civil Rights and Civil Liberties, the Office shall 22

support the Officer in the following: 23

‘‘(1) Integrating civil rights and civil liberties 24

into activities of the Department by conducting pro-25


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grams and providing policy advice and other tech-1

nical assistance. 2

‘‘(2) Investigating complaints and information 3

indicating possible abuses of civil rights or civil lib-4

erties, unless the Inspector General of the Depart-5

ment determines that any such complaint or infor-6

mation should be investigated by the Inspector Gen-7

eral. 8

‘‘(3) Carrying out the Department’s equal em-9

ployment opportunity and diversity policies and pro-10

grams, including complaint management and adju-11

dication. 12

‘‘(4) Communicating with individuals and com-13

munities whose civil rights and civil liberties may be 14

affected by Department activities. 15

‘‘(5) Any other activities as assigned by the Of-16

ficer.’’. 17

(b) AUTHORIZATION OF APPROPRIATIONS.—There is 18

authorized to be appropriated $22,571,000 for each of fis-19

cal years 2018 and 2019 to carry out section 705 of the 20

Homeland Security Act of 2002, as amended by subsection 21

(a) of this section. 22


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SEC. 1114. DEPARTMENT OF HOMELAND SECURITY ROTA-1

TION PROGRAM. 2

(a) ENHANCEMENTS TO THE ROTATION PROGRAM.— 3

Section 844 of the Homeland Security Act of 2002 (6) 4

U.S.C. 414) is amended— 5

(1) by striking ‘‘(a) ESTABLISHMENT.—’’; 6

(2) by redesignating paragraphs (1) through 7

(5) as subsections (a) through (e), respectively, and 8

adjusting the margins accordingly; 9

(3) in subsection (a), as so redesignated— 10

(A) by striking ‘‘Not later than 180 days 11

after the date of enactment of this section, the’’ 12

and inserting ‘‘The’’; and 13

(B) by striking ‘‘for employees of the De-14

partment’’ and inserting ‘‘for certain personnel 15

within the Department’’; 16

(4) in subsection (b), as so redesignated— 17

(A) by redesignating subparagraphs (A) 18

through (G) as paragraphs (3) through (9), re-19

spectively, and adjusting the margins accord-20

ingly; 21

(B) by inserting before paragraph (3), as 22

so redesignated, the following new paragraphs: 23

‘‘(1) seek to foster greater departmental inte-24

gration and unity of effort; 25


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‘‘(2) seek to help enhance the knowledge, skills, 1

and abilities of participating personnel with respect 2

to the programs, policies, and activities of the De-3

partment;’’; 4

(C) in paragraph (4), as so redesignated, 5

by striking ‘‘middle and senior level’’; and 6

(D) in paragraph (7), as so redesignated, 7

by inserting before ‘‘invigorate’’ the following: 8

‘‘seek to improve morale and retention through-9

out the Department and’’; 10

(5) in subsection (c), as redesignated by para-11

graph (2)— 12

(A) by redesignating subparagraphs (A) 13

and (B) as paragraphs (1) and (2), respectively, 14

and adjusting the margins accordingly; and 15

(B) in

Documents

Calendar No. 381 TH D CONGRESS SESSION H. R. 2825 · 2018-04-18 · II Calendar No. 381 115TH CONGRESS 2D SESSION H. R. 2825 IN THE SENATE OF THE UNITED STATES JULY 20, 2017 Received;